We are considering converting part of our basement into living quarters for my wife’s mother because she needs some assistance with daily living. We’ve heard that you don’t need to meet all the rules when you do an “in-law“ suite. But I’ve also heard other opinions that all the rules apply. Could you clarify what we’ll have to do to get the suite ready for grandma?

It’s true that there is a lot of confusion around suites in single family homes. The problem started years ago when some municipalities decided not to enforce the rules if a family relative lived in the suite. Consequently, Building Code requirements for fire separations, separate heat sources and certain minimum amenities like windows and ceilings heights that permitted you to stand up were often overlooked. The problems grew exponentially as more and more of these homes with their “in-law” suites were sold and re-occupied by anyone but an in-law. To address this problem of inconsistent and unsafe suites municipalities in the recent past abandoned the term “in-law suite” and the exceptions that were permitted for their minimum construction standards.

For some time now a suite in a single family home has been called a “secondary suite” provided it is n no more than 40% of the habitable floor area of the home to a maximum of 964 square feet. All secondary suites regardless of who may occupy them must be built with certain minimum life safety features and amenities. This standard provides you, your tenant and your house insurer some comfort that fire will be curtailed in its ability to spread from one suite to another. It also provides renters, whether they are in-laws or the public, a certain minimum level of safety and creature comforts during their tenancy in your home.

To find out more about the requirements for constructing a legal secondary suite including zoning requirements like parking, maximum permitted lot coverage and lot density, have a chat with your local city or regional district building and planning staff before you get started.  

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This article was written by Steven Cannon, a Registered Building Official and partner in Lynch Building Inspection Services Ltd. of Nelson, British Columbia. It originally appeared in The Nelson Express.

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